RIJWANA AND OTHERS Vs. SURESH AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimants challenging the Award passed by the Motor Accidents Claim Tribunal, Mewat(hereinafter referred to 'the Tribunal'), whereby an amount of Rs. 8,37,600/- was awarded on account of death of Deen Mohd in the accident.

(2.) The brief facts of the case are that the present claim petition has been filed by the widow and minor son and daughters of Deen Mohd. It was pleaded in the claim petition that on 27.09.2013 the said Deen Mohd along with another person was going from Aligarh to Khurja for loading his vehicle bearing Registration No. HR-55-F-1179. When they reached near Guvana bridge then the fuel of their vehicle finished. After parking the said vehicle on the left hand side of the road, the other person and Deen Mohd. were pumping out the air from the fuel pump. In the mean-time, vehicle bearing Registration No. UP-13-F-0808 driven by respondent No. 1 in a rash and negligent manner came from Aligarh side and hit their vehicle. Due to this impact, Deen Mohd suffered serious multiple injuries on his body. He was shifted to hospital where he succumbed to the injuries. It was pleaded that the said Deen Mohd was a healthy person and was working as a conductor on the above said vehicle bearing Registration No.HR-55-F-1179 and was earning Rs. 10,000/- per month.

(3.) On notice, respondent Nos. 1 and 2 filed written statement. They denied the factum of accident. It was further claimed that the FIR was registered against respondent No. 1 in collusion with the claimants and that he was not involved in the accident in question.